Website Terms of Trade
Will & Able Limited — effective 11 August 2026
1. About These Terms
These are the terms and conditions (“Terms”) on which Will & Able Limited (“will&able”, “we”, “us”, “our”) makes available the website at www.willandable.co.nz and any subdomains (the “Site”), and sells goods through the Site (“Goods”) to you (“you”, “your”).
By browsing the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
These Terms apply to all visitors, customers and other users of the Site. If you use the Site on behalf of another person or organisation, you confirm you have authority to bind them and you accept responsibility for that use.
We currently sell only within New Zealand and may decline to accept orders for delivery outside New Zealand.
We may also engage with you through social media platforms (for example, Facebook, Instagram or TikTok) for marketing, customer service or general engagement. Browsing or interacting with will&able on those platforms does not itself create a contract between us; a contract is formed only once you complete an order through the Site, as described in clause 5. Your use of any third-party social media platform is also governed by that platform's own terms and policies, which we do not control and which are separate from these Terms.
2. Changes to These Terms
We may update these Terms from time to time by posting the revised version on the Site. The version in force is the one published at the time you place an order, and changes will not apply retrospectively to an order we have already accepted. Where a change is material, we will show the date it took effect.
3. Eligibility and Your Account
You must be at least 18 years old, or using the Site with the consent of a parent or legal guardian, to place an order. If you create an account, you are responsible for keeping your login details confidential and for all activity that occurs under your account. Tell us immediately if you believe your account has been accessed without your authority.
4. Acceptable Use
You must not use the Site for any unlawful purpose, to infringe anyone's rights, or to post or transmit content that is defamatory, obscene, threatening, or misleading, or that impersonates any person or solicits passwords or personal information. You must not upload or transmit viruses or malicious code, or attempt to interfere with the security or proper functioning of the Site, including by scraping or crawling it without our permission.
We may suspend or remove content, or suspend or terminate your access to the Site, if we reasonably believe you have breached this clause.
5. Products and Orders
Product descriptions and images on the Site are provided as a guide. We take reasonable care to display Goods accurately, but colours and packaging may vary slightly from what is shown on screen, and Goods are subject to availability.
Placing an order is an offer by you to purchase the Goods. A contract is formed when we send you an order confirmation email; a further email will confirm dispatch. If a Good in your order is unavailable, we will contact you so you can choose a substitute or a full refund for that item.
We may decline or cancel an order, including after confirmation, where, for example, we reasonably suspect fraud, the Goods were mispriced due to an error, or fulfilment is prevented by circumstances outside our control. Where we cancel a confirmed order, we will refund any amount already paid for it.
6. Pricing, Payment and GST
Prices shown on the Site are in New Zealand dollars and, unless stated otherwise, include GST. Delivery charges are shown separately before you complete payment.
We take reasonable care to ensure prices are correct, but Goods are occasionally mispriced in error. If we discover a pricing error before your order is accepted, we are not obliged to supply the Goods at the incorrect price; we will contact you to confirm whether you wish to proceed at the correct price or cancel that part of your order. Prices may change at any time, but a change will not affect an order we have already accepted.
Payment is processed by our third-party payment provider(s), who encrypt your card and account details; we do not store full card details ourselves. Any refund owed to you will be returned to your original payment method as soon as reasonably practicable, and in any event within 15 working days.
7. Delivery
We aim to deliver Goods within the timeframe shown on the Site or in your order confirmation. Delivery timeframes are estimates rather than guaranteed dates, and may extend during peak periods. Goods are delivered by courier to the address you provide; if no one is available to receive them, the courier may leave the parcel in a place at that address that is safe to do so.
Please check your Goods on arrival and contact us promptly if anything is missing or has been damaged in transit, so we can arrange a replacement. Nothing in this clause limits your rights under clause 9.
8. Damaged Goods on Delivery
We do not offer a refund or exchange for a change of mind. If your Goods arrive damaged, please check them as soon as they arrive and contact us at info@willandable.co.nz within 7 days of delivery, including photos where possible, so we can arrange a replacement or refund at no cost to you. Full detail on how to report a damaged delivery is set out in our Returns Policy, available on the Site.
This clause does not limit your rights under clause 9.
9. Consumer Guarantees and Your Statutory Rights
Where you are acquiring Goods as a consumer (for personal, domestic or household use), nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other legislation that cannot lawfully be excluded. Where Goods fail to comply with a guarantee under the Consumer Guarantees Act, we will remedy this in accordance with that Act, which may include repair, replacement or refund. Where we agree that a claim under this clause is valid, we will also cover the reasonable cost of returning the Goods to us.
Where you are acquiring Goods for the purposes of a business, the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 43 of that Act, and clause 10 applies instead.
To make a claim, please contact us with your order details and a description of the issue as soon as reasonably practicable after you become aware of it.
10. Limitation of Liability
Subject always to clause 9, and to the maximum extent permitted by law, our total liability to you arising out of or in connection with these Terms or your use of the Site is limited to the amount you paid for the Goods giving rise to the claim, and we are not liable for any indirect or consequential loss. Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, or any other liability that cannot lawfully be limited or excluded.
Except as set out in clause 9, we do not guarantee that the Site will be uninterrupted, error-free or secure, and use of the Site is otherwise at your own risk.
11. Content You Submit
If you submit reviews, comments, images or other content to the Site (“User Content”), you confirm you have the right to do so, and you grant us a non-exclusive, royalty-free licence, for a reasonable period, to use, reproduce, edit, publish and display that User Content in connection with operating and promoting will&able. You remain the owner of your User Content and we do not claim ownership of it; you are responsible for ensuring it does not infringe anyone else's rights or breach any law.
We may, but are not obliged to, monitor, edit or remove User Content that we reasonably consider breaches these Terms or the law.
12. Intellectual Property
All content on the Site — including text, graphics, logos, product images and design — is owned by or licensed to us and protected by copyright and other intellectual property laws. You may view and download content for your own personal, non-commercial use, but must not otherwise copy, reproduce, republish, distribute or exploit any content from the Site without our prior written permission.
13. Third-Party Links and Tools
The Site may link to, or provide access to, third-party websites or tools that we do not control. We are not responsible for the content, accuracy or practices of any third party, and your use of any third-party site or tool is at your own risk and subject to that third party's own terms.
14. Accuracy of Website Information
We take reasonable care to keep information on the Site current and accurate, but the Site may occasionally contain errors, including in relation to pricing, product descriptions or availability. We will correct known errors as soon as reasonably practicable and, where an error affects an order you have placed, we will contact you before proceeding.
15. Privacy
Our collection and use of your personal information is set out in our Privacy Policy, available on the Site, which is prepared in accordance with the Privacy Act 2020 and forms part of these Terms.
16. Suspension and Termination
We may suspend or terminate your access to the Site or your account if you materially breach these Terms, without affecting any accrued rights or obligations, including any order already placed. You may stop using the Site, or ask us to close your account, at any time.
17. Events Outside Our Control
Neither of us will be liable for any delay or failure to perform our obligations under these Terms to the extent that the delay or failure is caused by circumstances beyond our reasonable control, such as natural disaster, pandemic, industrial action, or the failure of a courier or supplier.
18. Resolving a Dispute
If you have a concern or complaint about your order or these Terms, please contact us first at info@willandable.co.nz so we can try to resolve it directly. If we're unable to resolve a dispute between us, you may also raise it with the Disputes Tribunal or another appropriate New Zealand forum. Nothing in these Terms limits your right to do so.
19. General
These Terms, together with our Privacy Policy and Returns Policy, are the entire agreement between you and us in relation to your use of the Site, and supersede all previous versions of our website terms and conditions. If any part of these Terms is found to be unenforceable, the remainder continues to apply. Our failure to enforce a right under these Terms is not a waiver of that right. Headings are for convenience only and do not affect interpretation.
We may communicate with you by email, and email communications between us are as binding as if they had been made in a signed paper document. These Terms do not confer any right on a person who is not a party to them.
20. Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts.
21. Contact Us
Questions about these Terms can be sent to info@willandable.co.nz.